Composite C (Covering Amended Motions 3, 67 & 68)
New Deal for Workers & Devolution of Employment Law
“That this Congress believes the UK Government have failed in their attempts to discredit workers taking strike action in pursuit of decent pay and job protection. In response the government have turned their attack onto trade unions, both in rhetoric and policy, as they look to enforce anti-strike laws across the public sector.
‘‘Congress is concerned that with the introduction of Minimum Service Levels, Scottish citizens working for cross border rail operators based outside of Scotland, border force and in nuclear decommissioning will face having their right to take strike action removed. This legislation essentially creates a two-tier system in Scotland where some workers could lose a fundamental right to take strike action based on whether their employer is based in England or not.
“Congress believes it’s a fundamental human right for any worker to withdraw their labour to protect their terms and conditions and congratulates PCS that on the 40th anniversary of banning trade unions at GCHQ on launching a judicial review against this pernicious legislation.”
“Congress notes with concern that the pernicious practice of dismissal and re-engagement, or fire and rehire, is increasingly being utilised as a first approach by unscrupulous employers to force fundamental changes to terms and conditions of employment and that such practices have extended to independent sector schools.
‘‘Congress observes the wholly inadequate ‘statutory code’ proposed by the Westminster government and considers it to be derisory as a means of protecting workers. This ‘statutory code’ was ostensibly produced in response to the actions of P&O Ferries, who dismissed 786 Maritime Professionals, Ratings and Officers whilst concluding that the proposed code would not have prevented P&O Ferries from dismissing its entire workforce.
‘‘Congress remembers the additional vulnerabilities of the Maritime workforce, often disparately treated and often employed offshore – further weakening any employment protections.
“Congress welcomes the TUC General Council statement from TUC Special Congress in December 2023 which outlines a strategy of resistance and mobilisation to repeal the Strikes Act (Minimum Services Levels). The statement notes the Labour Party’s commitment to repeal the legislation as part of their New Deal for Working People.
“Congress believes the New Deal for Working People establishes a basis for fair employment, protection and rights for workers with collective bargaining as the essential component in any new employment legislation framework.
“Congress notes the TUC Congress policy to support the devolution of employment law to Scotland.
“Congress believes that any new settlement on the devolution of employment law must be undertaken with the full involvement of trade unions at UK level and in the devolved nations, and as a vehicle to work to protect and improve the rights of workers.
“Further, Congress believes that the Scottish Government will fail to realise their ambition of a Fair Work nation by 2025 unless they take significant action now to expand collective bargaining agreements.
“Congress calls upon the STUC General Council to:
- campaign along with the TUC to resist and repeal the Strikes Act;
- campaign for the repeal of all anti-trade union legislation;
- campaign for full implementation of the New Deal including establishing Fair Pay Agreements across the economy through sectoral collective bargaining;
- campaign for an incoming Labour Government to devolve employment law to Scotland and enact the New Deal for Working People as an employment rights bill within the first 100 days;
- hold the Scottish Government to their commitment not to issue or enforce work notices in Scotland and continue their opposition to the Strikes Act and publicly declare its opposition to MSLs whenever they are used;
- lobby MSPs & Scottish MPs to raise objections to employers who remove their constituents’ right to strike;
- encourage affiliates to write to employers that use MSLs and remove any Scottish citizen’s right to strike, highlighting the STUC and Scottish Government’s opposition to their actions.
- demand the Scottish Government explicitly instruct the passenger rail companies it has responsibility for, i.e. Scotrail and Caledonian Sleeper, to not use the MSL legislation. Further the Scottish Government to use all options to challenge any attempts to use the MSL legislation on Network Rail and cross border rail services.
- prevent any employers issuing or enforcing work notices in Scotland, specifically utilising Fair Work to lobby public sector employers;
- campaign for the end of fire and rehire as a legal mechanism of industrial relations in Scotland, should employment become a devolved matter;
- campaign, with the involvement of affiliates, for the Scottish Government to take measures to lobby Westminster to remove the current reservation on employment as placed by Head H under the Scotland Act 1998 and as a first step to commit to outlawing the practice of fire and rehire; and
- call for UK wide legislation to protect seafarers and to prevent another P&O, underpinned by mandatory Fair Pay Agreements in the ferry sector, noting devolution of employment law would not in itself have prevented the actions of P&O.”
Mover: STUC General Council
Seconder: Associated Society of Locomotive Engineers and Firemen
Supporter: Nautilus International
Public and Commercial Services Union
RMT
NASUWT
RSS